Fiscal Note
The proposed resolutions amends subsections 8.12(3) and (12) of the Madison General Ordinances to clarify the requirements for burials in the veterans section at Forest Hill Cemetery. Under the current MGO, burials in the veterans section of the cemetery are limited to veterans of foreign wars and their spouses who are domiciled in Madison at the time of their death. The revision adds an exception for veterans who resided in Madison within three years of their death, but moved out of the City into assisted living, hospice care, or other care-giver's residence. Additionally, the amendment updates the process for confirming veteran status, bringing it in line with current federal code. Lastly, the amendment clarifies that the Parks Superintendent has control over the day-to-day operations of the cemetery, consistent with how the property has been managed. There is no fiscal impact anticipated from updating the MGO. At this time, it is not anticipated there will be an increase in veteran burials at Forest Hill Cemetery due to the amended MGO.
Title
Amending Subsections 8.12(3) and (12) of the Madison General Ordinances to clarify the requirements for burials in the veterans section at Forest Hill Cemetery, and to clarify the Parks Division’s role in cemetery operations.(District 13)
Body
DRAFTER’S ANALYSIS: This ordinance will update provisions associated with Forest Hill Cemetery, including clarifying the Parks Division’s role in day-to-day operations of the facility, and to update the provisions relating to the Veterans burial section of the Cemetery. Sections 35 and 41 of the Forest Hill Cemetery have long been reserved for veterans of foreign wars and their spouses. Under Subsection 8.11(12)(b), burial in these sections is generally limited to veterans who are domiciled in Madison at the time of their death. This amendment would add an exception to this requirement for veterans who resided in Madison within three years of their death, but who moved out of the City into assisted living, hospice care or other care-giver’s residence. This amendment would also update the process for confirming veteran status, and bring the provision in line with current federal code. Additional clarifications are being made to Subsection (3) to make it clear that the Parks Superintendent has control over the day-to-day operations of the Cemetery, which is consistent with how the property has been managed for the last several decades.
***********************************************************************************
The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (3) entitled “Cemetery Manager” of Section 8.11 entitled “Forest Hill Cemetery” of the Madison General Ordinances is amended as follows:
“(3) Cemetery Manager. The Cemetery Manager Parks Superintendent, under the direction of the Park Commissioners, shall have the control and management of the day-to-day operations of the Cemetery, as well as to the laying out and subdividing of the same, and the clearing up and improving of the grounds and buildings and the ornamentation thereof, and shall have charge of all interments made in the Cemetery. The Parks Superintendent may designate a Cemetery Manager to perform these duties, and in the absence of that designation, shall serve as Cemetery Manager for the Cemetery.”
2. Subsection (12) entitled “Portions of Cemetery Set Aside for Burial of Soldiers” of Section 8.11 entitled “Forest Hill Cemetery” of the Madison General Ordinances is amended as follows:
“(12) Portions of Cemetery Set Aside for Burial of Soldiers Veterans.
(a) The entire tracts known as sections thirty-five (35) and forty-one (41) in Forest Hill Cemetery are hereby set aside and reserved for the burial of soldiers, sailors, marines, army nurses and officers who have served or may serve in any war or campaign in which the United States has been or may hereafter be engaged, including such soldiers, sailors, marines, army nurses and officers who served in the Korean conflict between June 25, 1950 and January 31, 1955, also including such soldiers, sailors, marines, army nurses and officers who served during the Vietnam conflict between August 5, 1964 and a date to be set in the future by the President of the United States veterans who have served on active duty during any period of war.
(b) The burial rights under subdivision (a) above are limited to veterans who are domiciliaries of the City of Madison at the time of their death. However, this residence requirement does not apply to the surviving widow or widower of a spouse who is already buried in these sections, or to veterans who resided in Madison within three years of their death but who moved out of the City for care related reasons and into an assisted living facility, hospice care or other care-giver’s residence. The provisions of this subsection may be waived if the Cemetery Manager receives a certification from the County Veterans Service Officer determines that because of unusual circumstances or unnecessary hardship a particular veteran and their spouse should be buried in Forest Hill Cemetery.
(c) The production of authentic proof of qualifying military service during a period of war, or campaign service of a deceased veteran who served in any war or campaign together with a permit duly issued confirmation provided by the Veterans Service Officer of Dane County appointed and acting under the supervision of Wis. Stat. § 45.5380, shall be sufficient evidence and authority for the Cemetery Manager to permit interment in sections thirty-five (35) and forty-one (41). The term "veteran of World War II" shall be deemed to include any person discharged or released from active duty under conditions other than dishonorable, or retired, who served in the active military or naval service of the United States on or after December 7, 1941, and before 12:00 noon, December 31, 1946. Provided further that the term "active military service" shall include active duty as a member of the Women's Army Auxiliary Corps, Women's Army Corps, Women's Reserve of the Navy and Marine Corps, and Women's Reserve of the Coast Guard.
(d) The interment of the spouse of a living veteran of any of the wars of the United States will be permitted in the appropriate sections above reserved when the requirements of subdivision (c) have been established and fully complied with. The spouse of a deceased veteran of any of the wars of the United States may reserve the grave space adjoining that of such deceased veteran and like reservation may be made by one or both parents of an unmarried deceased veteran provided that either of said parents be a veteran of any of the wars of the United States.
(e) For the purposes of this Subsection, the following definitions apply:
“Active duty” shall mean full-time duty in the Armed Forces, other than active duty for training, as defined in 38 C.F.R. § 3.6(b)(1).
“Period of war” is defined in 38 C.F.R. § 3.2, and includes the following:
1. World War II (December 7, 1941 through December 31, 1946);
2. The Korean conflict (June 27, 1950 through January 31, 1955);
3. The Vietnam era (February 28, 1961 through May 7, 1975 for those who served in the Republic of Vietnam during that period, and August 5, 1964 through May 7, 1975 in all other cases);
4. The Persian Gulf War (August 2, 1990 through a date to be prescribed by Presidential proclamation or law); and,
5. Future dates beginning on the date of any future declaration of war by the Congress and ending on a date prescribed by Presidential proclamation or concurrent resolution of the Congress.
“Veteran” means a person who served in the Armed Forces (United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including their Reserve components), other than active duty for training, and who was discharged or released under conditions other than dishonorable, in accordance with 38 C.F.R. § 3.1(d), and includes a person who died in active service and whose death was not due to willful misconduct, in accordance with 38 C.F.R. § 3.1(d)(1).”